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Patna High Court

Durgesh Pathak @ Durgesh Kumar Pathak @ Durgesh Kr. PathakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Durgesh Pathak was arrested in connection with a murder alleged to have been committed in furtherance of dowry demands, charged under IPC sections 304B, 201 and 34 and Dowry Prohibition Act sections 3 and 4. He applied for regular bail, contending that the allegations were implausible because his marriage to the deceased's sister‑in‑law occurred ten months after the death and that he has no prior criminal record, having been in custody since 9 September 2025. The State opposed the bail. The court noted the petitioner’s clean antecedent, the length of his custody, and the fact that co‑accused had already been granted anticipatory or regular bail, and decided that a lenient approach was warranted. Consequently, the court ordered his release on bail upon furnishing a bond of Rs 20,000 with two sureties of the same amount. The order was pronounced by Justice Shailendra Singh.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with dowry death, murder and related offences under IPC and the Dowry Prohibition Act.
  • Whether the grant of anticipatory or regular bail to co‑accused influences the petitioner's bail application.
  • Whether the petitioner’s lack of criminal antecedent and period of pre‑trial detention justify the grant of bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • IPC
  • Dowry Prohibition Act
  • regular bail
  • anticipatory bail
  • common intention
  • murder
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90181 of 2025
                   Arising Out of PS. Case No.-314 Year-2024 Thana- GAUTAMBUDHNAGAR District-
                                                          Siwan
                 ======================================================
                 Durgesh Pathak @ Durgesh Kumar Pathak @ Durgesh Kr. Pathak S/O Uma
                 Pathak @ Uma Nath Pathak Resident of vill- Harnathpur, PS- Raghunathpur
                 Dist- Siwan

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mrs. Kumari Anupam, Adv.
                 For the Opposite Party/s :    Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                      Heard the parties.

                                 2. Petitioner seeks regular bail in connection with G.

                   B. Nagar P.S. Case No. 314 of 2024 registered for the offences

                   punishable under Sections 304B, 201 and34 of the Indian Penal

                   Code and Sections 3 and 4 of the D.P. Act.

                                3. The main submissions advanced by the petitioner’s

                   counsel are that, as per the prosecution case, all the FIR-named

                   accused persons, including the present petitioner, are alleged to

                   have committed the murder of the informant’s daughter in

                   furtherance of their common intention on account of non-

                   fulfillment of dowry demands, the petitioner stands in the

                   relationship of a brother-in-law to the deceased, and that his

                   marriage to the sister-in-law of the deceased took place ten
Patna High Court CR. MISC. No.90181 of 2025(2) dt.13-01-2026
                                            2/3




          months after the marriage of the deceased; therefore, the

          allegations levelled against the petitioner are not believable. It is

          further submitted that the other co-accused, namely Guddi

          Pathak @ Guddi Devi and Jyoti Pathak @ Jyoti Kumari, have

          been granted anticipatory bail by the learned co-ordinate

          Benches of this Court vide orders dated 17.01.2025 and

          07.05.2025 passed in Cr. Misc. Nos. 79592 of 2024 and 25688

          of 2025, respectively, and the co-accused Rinku Pandey and

          Nawneet Pandey have been granted regular bail by the learned

          co-ordinate Bench of this Court vide order dated 05.03.2025

          passed in Cr. Misc. No. 15426 of 2025. It is lastly submitted that

          the petitioner has no criminal antecedent and has been

          languishing in judicial custody since 09.09.2025.

                       4. Learned APP appearing for the State has opposed

          the prayer for bail of the petitioner.

                       5. Considering the aforesaid submissions, the

          averments made in this application, the period of custody of the

          petitioner, his fair and clean antecedent and privilege of bail

          having been granted to above mentioned co-accused persons by

          the co-ordinate Benches of this Court, in my opinion, the

          petitioner deserves to a lenient approach of this Court.

          Accordingly, let the petitioner named-above be released on bail
           Patna High Court CR. MISC. No.90181 of 2025(2) dt.13-01-2026
                                                       3/3




                     on furnishing bail bond of Rs. 20,000/- (Rupees Twenty

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of the concerned Court in connection with G. B.

                     Nagar P.S. Case No. 314 of 2024.



                                               (Shailendra Singh, J)
maynaz/-

U     T


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